Nevada adds 4 state rules for clinics and medical practices

These are the Nevada rules whose wording is about licensed practitioners, boards and clinics. They run when Nevada is selected in the checker.

1. CG-NEV-001 · Blocks approval · Citation checked against stored text

   Nevada bars a geofence within 1,750 feet of a medical facility or other in-person health care provider to identify or track consumers, collect consumer health data, or send them messages or ads about their health data or health care.

   Source: NRS 603A.540(1) - geofence within 1,750 feet of a provider of in-person health care services or products is prohibited for tracking, data collection or advertising

   Safer wording: Remove geofencing around health care facilities from campaign targeting and copy. Target by interest or general area instead, with counsel review.

   NRS 603A.540 · Needs counsel review

2. CG-NVS-001 · Warns · Citation checked against stored text

   Nevada lists advertising the practice of medicine in a false, deceptive or misleading manner as grounds for discipline of a physician. Guaranteed outcomes and miracle claims are the standard examples.

   Source: NRS 630.304(2) ("Advertising the practice of medicine in a false, deceptive or misleading manner")

   Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result.

   NRS 630.304 · Needs counsel review

3. CG-NVS-002 · Warns · Citation checked against stored text

   Nevada lists receiving a fee, commission or rebate that tends to influence a physician's evaluation or treatment, and dividing a fee between licensees without telling the patient and in proportion to the services performed, as grounds for discipline.

   Source: NRS 630.305(1)(a) ("any fee, commission, rebate or other form of compensation which is intended or tends to influence"); NRS 630.305(1)(b) ("Dividing a fee between licensees except where the patient is informed of the division of fees")

   Safer wording: Remove payment-for-referral and fee-sharing offers from copy aimed at practitioners. Counsel should review any arrangement that pays for patients sent.

   NRS 630.305 · Needs counsel review

4. CG-NVS-003 · Warns · Citation checked against stored text

   Nevada bars a practitioner from referring a patient to a health facility, medical laboratory, imaging or radiation oncology center or commercial establishment in which the practitioner has a financial interest, and makes a violation grounds for discipline.

   Source: NRS 439B.425(1) ("a practitioner shall not refer a patient, for a service or for goods related to health care, to a health facility, medical laboratory, diagnostic imaging or radiation oncology center or commercial establishment in which the practitioner has a financial interest"); NRS 630.305(1)(c)

   Safer wording: Do not offer referring practitioners an ownership, investment or profit stake in the facility they send patients to. Counsel should review any exception relied on.

   NRS 630.305, NRS 439B.425 · Needs counsel review

Sample wording we wrote, run through the engine with Nevada selected. Only samples where a Nevada rule fires are shown.

109 federal and general rules matched to clinics and medical practices run next to the Nevada ones. The ones that weigh most:

1. CG-ABS-003 · Blocks approval · Citation checked against stored text

   Claims of no risk or no side effects are unsubstantiated safety claims.

   Source: FTC Act section 5; FTC Health Products Compliance Guidance; 21 CFR 202.1 (prescription drug advertising, fair balance)

   Safer wording: State known risks and side effects fairly, or say who should talk to a clinician first.

   21 CFR 202.1 · Needs counsel review

2. CG-CSR-001 · Blocks approval · Citation checked against stored text

   Prescribing a controlled substance without a real evaluation, records or follow-up violates the Controlled Substances Act and DEA telemedicine rules.

   Source: 21 U.S.C. 829 and 841(h); 21 CFR 1306.04 (prescription issued for a legitimate medical purpose); 21 CFR 1306.05 (manner of issuance, so a prescription must carry the patient and practitioner details); FTC Act section 5

   Safer wording: Do not advertise controlled substances. A licensed clinician must decide whether to prescribe after a real evaluation.

   21 CFR 1306.04, 21 U.S.C. 829, 21 CFR 1306.05 · Needs counsel review

3. CG-DEA-003 · Blocks approval · Citation checked against stored text

   Offering to fill a prescription for a controlled substance based only on an online questionnaire is a listed example of an internet distribution violation.

   Source: 21 U.S.C. 841 subsection (h) lists offering to fill a controlled substance prescription based solely on a consumer's online medical questionnaire as an example of a violation

   Safer wording: Do not tie a controlled substance prescription to a questionnaire alone. Describe a live evaluation by a licensed practitioner who decides if a prescription is appropriate.

   21 U.S.C. 841 · Needs counsel review

4. CG-EFF-014 · Blocks approval · Citation checked against stored text

   Claims of instant, one-visit or universal results, or of working where all else fails, promise outcomes no clinic can substantiate.

   Source: FTC Act section 5; FTC Health Products Compliance Guidance; FTC Endorsement Guides, 16 CFR Part 255

   Safer wording: Remove the promise of speed or certainty. Say what the service is and that results vary.

   16 CFR Part 255 · Needs counsel review

Everything for the industry is on the clinics and medical practices page, and all Nevada rules for any industry are on the Nevada page.